1.0 This application is filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR registered as C.R. No. I-38 of 2002 before Garbada Police Station, Dahod for the offences punishable under Sections 143,147,148,149,307,323,427,506(2) of the Indian Penal Code, Section 25(A)(A) of the Arms Act and Section 135 of the Bombay Police Act.
2.0 Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3.0 I have heard learned advocates appearing on behalf of the respective parties and perused the papers of investigation as well as considered the fact that the applicant who is named in the FIR was not arrested by the investigating agency at that point of time, no procedure has been followed by the investigating agency as per provision of Chapter VI of Code of Criminal Procedure and also the fact that the injured had already been discharged from the hospital way back in the year 2002.
4.0 In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, role played by the present applicant as well as the fact that the injured had already been discharged from the hospital wayback in the year 2002, I am of the of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I 38 of 2002 registered with Garbada Police Station, Dahod on executing a personal bond of Rs.10,000/- (Rupees Ten Thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of his liberty or misuse his liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender his passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday for a period of six months only, between 10:00 a.m. and 2:00 p.m.;
[f] furnish latest address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
5.0 The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
6.0 At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
7.0 Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) niru* Page 4 of 4